Parowan

Section 9-1-1. Definitions Section 9-1-2. State License Required Section 9-1-3. Drinking on Store Premises Prohibited Section 9-1-4. Days and Hours of Sale Section 9-1-5. Possession Section 9-1-6. Sale to Drunken Person Section 9-1-7. Supplying Alcoholic Beverage to Prohibited Person Section 9-1-8. Supplying Alcoholic Beverage to Minors Section 9-1-9. Permitting Drunkenness Section 9-1-10. Drinking in Public Places Section 9-1-11. Penalty

9-1-1. Definitions. As used in this title: a) "alcoholic beverage" means beer and liquor as defined herein; b) "beer" means all products that contain 63/100ths of 1% of alcohol by volume or one-half of 1% of alcohol by weight, but not more than 4% of alcohol by volume or 3.2% by weight, and are obtained by fermentation, infusion or decoctum of any malted grain. Beer may or may not contain hops or other vegetable products. Beer includes products referred to as malt liquor, malted beverages or malt coolers; c) "liquor" means and includes alcohol, or any alcoholic, spirituous, vinous, fermented, malt or other liquid or combination of liquids, a part of which is spirituous, vinous or fermented and all other drinks or drinkable liquid containing more than one-half of 1% of alcohol by volume and is suitable to use for beverage purposes. Liquor does not include any beverage defined as beer, malt liquor or other malted beverage that has an alcohol content of less than 4% of alcohol by volume; d) "set-up license" means a license authorizing the owner of a restaurant or tavern, after payment of a license fee as set by Resolution, to allow patrons to drink beer or liquor purchased elsewhere onto licensee's premises for consumption thereon; e) "package agency" means a retail liquor location operated under a contractual agreement with the department, by a person other than the State, who is authorized by the commission to sell package liquor for consumption off the premises of the agency; f) all other terms used in this title shall be defined the same as provided in Utah Code Ann. 32A, et seq., Alcoholic Beverages, or any subsequent title derived therefrom, except to the extent that such definitions are inconsistent with the text or context of this Title.

9-1-2. State License Required. No person shall sell or supply any alcoholic beverage within Parowan City boundaries except after having obtained a valid license or other authorization under the Alcoholic Beverage Control Act and Parowan City Ordinances, as the same may be amended from time to time.

9-1-3. Drinking on Store Premises Prohibited. It shall be unlawful for any vendor, officer, agent, clerk, or employee employed in any State Liquor Store or package agency within Parowan City boundaries to allow any alcoholic beverage to be consumed on the premises nor shall any person consume any alcoholic beverage on such premises, except as the same may be allowed by State Law.

9-1-4. Days and Hours of Sale. Except as may otherwise be authorized by State Law, no sale or delivery of liquor shall be made on or from the premises of any State Liquor Store or package agency, nor shall any store or package agency be kept open for the sale of liquor in Parowan City boundaries on any legal holiday; or on any day on which a National, State, or Local election is held in the district where the store is situated or on which question is submitted to a vote of the electors residing in the district where the store is located.

9-1-5. Possession. Except as provided by the Alcoholic Beverage Control Act, it shall be unlawful for any person to have or keep for sale or possess any liquor within Parowan City boundaries which has not been purchased from a State Liquor Store or package agency.

9-1-6. Sale to Drunken Person. It shall be unlawful for any person to give, sell, or otherwise supply an alcoholic beverage to any person who is a prohibited or interdicted person as provided by the Alcoholic Beverage Control Act.

9-1-7. Supplying Alcoholic Beverage to Prohibited Person. It shall be unlawful for any person to give, sell or otherwise supply any alcoholic beverage to any person who is a prohibited or interdicted person as provided by the Alcoholic Beverage Control Act.

9-1-8. Supplying Alcoholic Beverage to Minors. It shall be unlawful for any person to give, sell or otherwise supply alcoholic beverages to any person under the age of twenty-one (21) years, but this section shall not apply to the supplying of such alcoholic beverage to such person for medicinal purposes by a physician or dentist in accordance with the Alcoholic Beverage Control Act.

9-1-9. Permitting Drunkenness. No person shall permit or suffer any person apparently under the influence of alcohol to consume any alcoholic beverage in any house or on any premises of which the first named person is owner, tenant, or occupant; or give liquor to any person apparently under the influence of alcohol.

9-1-10. Drinking in Public Places. No person shall drink liquor except in a restaurant in which a State Liquor Store has been established as provided by Utah State Law. The consumption of liquor in any street, alley, park, public place, cafe, restaurant, hotel lobby, passenger coach or bus, automobile or other vehicle, or in or about any bus station or waiting room, or at any public gathering is strictly forbidden except as otherwise authorized under UCA 32A-12-201, 1953 as amended. No person shall be in an intoxicated condition in any public place within Parowan City boundaries.

9-1-11. Penalty. Any person who violates any provision of Title 9 hereinabove set forth shall be guilty of a Class B Misdemeanor and upon conviction therefor shall be liable to punishment of a fine not to exceed One Thousand Five Hundred Dollars ($1,500) or imprisonment in the County Jail for a period not to exceed six (6) months or both fine and imprisonment.

In the case of a second or subsequent offense under this Title, any persons convicted thereof shall be required to pay a fine of not less than Five Hundred Dollars ($500) and to serve a minimum of ten (10) days in the County Jail.

Chapter 2 -- BEER LICENSES

Section 9-2-1. License Required Section 9-2-2. Classes of Licenses Section 9-2-3. Application Section 9-2-4. Qualifications of Licenses Section 9-2-5. Bond Section 9-2-6. Denial or Revocation of License Section 9-2-7. Nontransferability Section 9-2-8. Fees Section 9-2-9. Restrictions on Sale Section 9-2-10. Inspection Section 9-2-11. Penalty

9-2-1. License Required. It shall be unlawful for any person to engage in the business of the sale of beer in Parowan City boundaries, either retail or wholesale, without having first obtained a license from the Parowan City Council as hereinafter provided or, except as provided under a single event permit as set forth in Section 9-2-2. A separate license shall be required for each place of sale and said license shall at all times be conspicuously displayed in the place to which it shall refer to for which it has been issued. All licenses shall comply with the Alcoholic Beverage Control Act and with all regulations issued thereunder.

9-2-2. Classes of Licenses. There shall be a wholesale beer license which shall allow the holder thereof to sell beer at wholesale within the City.

Retail licenses issued under this chapter shall be of the following classes:

Class "A" retail license shall allow the holders thereof to sell beer on the premises licensed in original containers for consumption off premises.

Class "B" retail licenses shall allow the holders thereof to sell beer on the premises licensed in original containers for consumption on the premises, in addition to a "set up license" as described by definition, and to the privileges allowed to holders of Class "A" licenses.

Class "C" retail licenses shall allow the holders thereof to sell beer on the premises licensed on draft for consumption on or off the premises in addition to a "set up license" as described by definition, and to the privileges allowed to holders of Class "A" and Class "B" licenses.

Special Events Permit. The Parowan City Council may issue a single-event permit to a bona fide corporation, church political organization, or incorporated association or to a recognized subordinate lodge, chapter or other local unit thereof which is conducting a convention, civil or community enterprise. Said permit shall authorize, for a period of not to exceed five (5) consecutive days, the storage, sale, service and consumption of beer at an event at which the storage, sale, service, and consumption of beer is otherwise prohibited through licensure requirements. The application for a special event permit shall be in accordance with Sections 9-2-3, 9-2-4, and 9-2-5.

It shall be unlawful for any licensee to purchase or acquire, or to have or possess for the purpose of sale or distribution, any beer except that which he has purchased lawfully from a brewer or wholesaler duly licensed under this chapter or under State Law.

9-2-3. Applications. All applications for licenses under this chapter shall be on the form provided by the City Recorder. All such applications shall be verified and shall be filed with the City Recorder for presentment to the City Council. Applications must state the applicant's name in full, that he has complied with the requirements of this chapter, and possess the qualifications specified in this chapter, and if the applicant is partnership, the names and addresses of all the partners must be stated, and if a corporation, the names and addresses of all its officers and directors must be stated. All applications by individuals must be subscribed by the applicant, who must state under oath that the facts stated therein are true. Applications by partnerships must be subscribed and sworn to the effect above-stated by all the general partners. Applications by corporation must be subscribed and sworn to by the President and Secretary. No application shall be accepted or filed by the City Recorder unless the statements therein contained and the certificate required conform to the foregoing or same has been waived by the governing body. Applications shall also furnish such additional information as the governing body shall require.

9-2-4. Qualifications of Licenses. No license shall be granted under this chapter, nor shall any previously granted license continue in effect, unless the licensee, or in the case of a partnership, all of the partners thereof, or in the case of a corporation, all of the officers and directors thereof, shall be of good moral character, over the age of 21 years and shall be citizens of the United States. No license shall be granted to any person, partnership, or corporation, if the person, any partner or any officer or director has been convicted of a felony under any Federal or State Law; or of a gambling offense, of a prostitution related offense, of a narcotics related offense including possession of a controlled substance, of a violation of the Alcoholic Beverage Control Act, or of a violation of statutes or ordinances regulating the sale, manufacture, distribution, warehousing, adulteration, or transportation of alcoholic beverages; or generally any crime involving moral terptitude; or of a violation of drunk driving, or when any such person has pleaded guilty or has forfeited bail on a charge of having committed a felony or of violating such law or Ordinance. If the conviction of the applicant was for a misdemeanor listed above, a license may be granted if the conviction was more than five (5) years prior to the application and the applicant has no other criminal convictions since said misdemeanor conviction in question.

9-2-5. Bond. No license shall be granted under this chapter by the City Council until the applicant shall have filed with the City Recorder a penal bond in the amount of $1,000 in a form approved by the City Attorney - or by showing of sufficient insurance or protection or a combination of bond and insurance as approved by the City Attorney. At no time shall a permit be granted without a minimum of a $500 Surety Bond or Cash being posted. No part of any cash or corporate bond, or insurance, so posted may be withdrawn during the period the license or permit is in effect. A bond filed by licensee may be forfeited if the permit or license is revoked. The bond shall be in a form approved by the City Attorney, conditioned upon the licensee's compliance with this title and the rules of the Alcoholic Beverage Commission, if applicable.

9-2-6. Denial or Revocation of License. The Parowan City Council may, after a hearing, in its discretion refuse to grant any license or special event permit applied for under this chapter and no reason for such denial need be stated. No license or special event permit shall be issued if the applicant has failed to comply with any of the terms of this chapter, the provisions of the Alcoholic Beverage Control Act, or the ordinance and regulations of the City, County, or State Health Departments. Upon good cause showing, the Parowan City Council may, at its discretion, revoke any license or special event permit. In addition to an immediate revocation of the license or permit, forfeiture of the surety bond, immediate seizure of all liquor present at the event and disqualification of the organization from applying for a single event permit for a period of three (3) years from the date of the revocation of the permit shall be enforced against the applicant and its partners or officers. Any license or special event permit shall be revoked if the applicant shall at any time cease to have the qualifications required by this chapter or the Alcoholic Beverage Control Act, or fails to comply with any ordinance of Parowan City or the rules of the City, County or State Health Departments. In case of license or permit revocation, the holder of said license or permit shall not be entitled to a refund or any part of the license or permit fee which was paid as required by this chapter.

9-2-7. Nontransferability. Licenses issued under this chapter shall not be transferable.

9-2-8. Fees. Applications made under this chapter shall be accompanied by the fees listed below, which fee shall be returned to the applicant if the application is denied:

Class "A" Retail License: $100 Class "B" Retail License: $150 Class "C" Retail License: $200 Special Event Permit: $100

All licenses issued under this chapter shall expire on the 30th day of June each year, unless sooner revoked. An application as required by Section 9-2-3 shall be filed by each licensee wishing a renewal of license.

All special events permits shall expire after five (5) days from the date of issue, unless sooner revoked. An application as required by Section 9-2-3 of the Parowan City Code shall be filed by each special event permit wishing for a renewal of the special event permit.

The licenses and special event permits which are required by this chapter shall be in addition to any other business license which may be required by Title 10 of this code or any other provision of City Ordinance. The fees required by this chapter shall be in addition to any other license or permit fees which are required by Title 10 of this code or any other provision of City Ordinance.

9-2-9. Restrictions on Sale. No person shall sell beer at any public dance or to any person intoxicated or under the influence of alcohol. No license shall be granted to sell beer in any dance hall, theater, or within 1,000 feet of any school or church. No person shall sell beer to any person under the age of twenty-one years. It shall be unlawful to sell beer between the hours of midnight (12:00 AM) and 6:00 AM of any day of the week. All licensees, under this chapter, shall close their premises or place of business by 1:00 AM, Monday through Friday, and by midnight on Saturday. All patrons shall vacate the premises or place of business within one hour of closing.

It shall be unlawful to sell beer on Sunday except that it may be sold on licensed premises, in original containers, for consumption off the premises only. No on premises consumption, or draft sales, shall be allowed on Sunday.

9-2-10. Inspection. All licensed premises under this chapter shall be opened to and subject to inspection of any officer or agent of Parowan City, the State Liquor Control Commission, or the City, County, or State Department of Health. Licensees shall, at the request of the City, County or State Health Department, furnish samples of beer which licensees shall have for sale.

9-2-11. Penalty. Any person violating any provision of this chapter shall be guilty of a Class B misdemeanor and upon conviction therefore shall be liable to punishment of a fine of not to exceed $1,500, or imprisonment in the County Jail for a term not to exceed 6 months, or both such fine and imprisonment. Chapter 3 -- STATE STORE ON RESTAURANT PREMISES

Section 9-3-1. Application to City Council Section 9-3-2. Contents of Application Section 9-3-3. Fee Section 9-3-4. Hearing by City Council Section 9-3-5. Letter of Consent to Beverage Control Commission

9-3-1. Application to City Council. Any person, partnership, or corporation desiring to apply to the State Liquor Control Commission for establishment of a State Liquor Store on restaurant premises as provided in Utah Code Annotated 32A et seq., as amended, shall first submit an application to the City Council for its consent as required by State Law. All such applications shall be filed with the City Recorder for presentment to the City Council.

9-3-2. Contents of Application. The application, under this chapter, shall be made in form prescribed by the City Recorder which shall be substantially the same as that required for applicants under Section 9-2-3 of this code.

9-3-3. Fee. All applications submitted under this chapter shall be accompanied by a fee of $100. In case of denial of the application, said fee will be returned to the applicant.

9-3-4. Hearing by City Council. Following the receipt of an application under this chapter, the City Council shall consider the matter at a regular meeting and shall thereupon approve or reject the application.

9-3-5. Letter of Consent to Beverage Control Commission. Upon approval of an application under this chapter, the Mayor shall sign, and the City Recorder shall attest, a notice or letter to the Beverage Control Commission duly notifying it that Parowan City has consented to the application. Such notice or letter shall be delivered by the City Recorder to the applicant who may then use it as a part of this application to the Beverage Control Commission as required by State Law.

This Ordinance (Chapter 9 - Liquor) was revised and adopted by the Parowan City Council on July 23, 1998 (Refer to Ordinance No. 98-7-2). This most recent revision supersedes all others, and replaces the amendments made by Ordinance Nos. 98-6-3, 86-4, and 83-07.

This entire Title 9 - Liquor was adopted by the City Council on 03-05-1980 (Refer to Ordinance No. 80-3)

Dates of other ordinances pertaining to Liquor: March 13, 1972; August 23, 1965; June 1, 1937; January 16, 1934